The
Internet has no borders and there is no end to rumors. The Internet rumors
generated by the combination of the two are a "war" without smoke. At
the end of march, Shanghai and anhui provinces found three people infected with
the H7N9 bird flu virus, two of them dead and one in critical condition. In the
past half month, with the number of people infected with the H7N9 avian
influenza virus increasing, the prevention and control of the H7N9 avian
influenza epidemic has become the focus of attention and heated discussion on
the Internet. However, in a watch the H7N9 pledge of bird flu, but someone is
groundless, manufacturing, and on the Internet to spread rumors about H7N9 bird
flu outbreak, make people panic, lead to the public security organs to spend a
lot of manpower and material resources to eliminate the false information,
eliminate the influence. In just half a month, online rumors of the H7N9 bird
flu outbreak have emerged in shaoxing, shaoxing, xi 'an, shaanxi, shenyang,
liaoning and hefei in anhui.

Internet
rumors, it is to point to in a specific network environment, the spread of the
Internet use entities in a particular way, interested in Internet of things,
events or unproven elaborated or interpretation of the problem. To spread
rumors H7N9 network of bird flu, is Internet users through weibo, QQ space,
WeChat, post bar and other media, for the recent high-profile H7N9 bird flu
outbreaks are unfounded, unsubstantiated or interpretation, makes some netizens
believe that not only cause social panic, the government faces a crisis of
confidence. As some scholars have said, the inherent characteristics of Internet
technology have brought the spread and speed of rumors to an unprecedented
level, and the influence of rumors has been gradually amplified and polarized.

Compared
with traditional rumors, online rumors have more prominent features than
traditional ones because they are equipped with the "wings" of online
media.

An
online rumor about the H7N9 avian flu outbreak has been sent synchronously to
millions of netizens through sina weibo, tencent's weibo forwarding function,
email, QQ group and other mass messaging functions. Online rumors can spread
across cyberspace and around the world in minutes or hours. Moreover, Internet
rumors are not limited by the time and space of traditional oral transmission,
and the speed of transmission is often caught off guard.

According
to the China Internet network information center released in Beijing 31 times
China Internet development statistics report shows, until the end of December
2012, number of Chinese Internet users reached 564 million, Internet
penetration rate of 42.1%. More and more large groups of Internet users, so
that online rumors spread to more people. Just like the online rumors of the
H7N9 avian flu epidemic, they spread across the country within a few days,
causing high alarm from local public security authorities.

The
virtuality, concealment and openness of the network make the rumor mongers more
audacious. More than half a month has passed since the H7N9 avian flu outbreak
was reported, even though many rumor mongers have been detained by the
authorities. In the virtual network space, they are faced with a computer
screen or mobile phone screen, rather than face to face with the general
public, which makes their social responsibility by intangible, thus more
wantonly make and spread rumors.

To
some extent, Internet rumors have great harm and destructive power. Internet
rumors may trigger the psychological panic of social groups, making the whole
society filled with tension and fear. For example, the spread of online rumors
of the H7N9 avian flu outbreak has caused panic and sleepless nights. At the
same time, Internet rumors may interfere with the normal order of production
and life, cause huge economic loss or other damage, such as the radiation
caused by "rob salt events", causing salt price soared.

It
is because of Internet rumors have all of these characteristics, making the
rumor mongers, the tale is becoming more and more popular network, make the
network become a perfect disinformation, tale crime tool, also makes Internet
rumors are difficult to get effective regulation. Some scholars pointed out
that "public security management punishment law punishment, as reflected
in article 25 obviously and the serious consequences brought by the Internet
rumors can not correspond, a lighter punishment can not effectively prevent
continue to happen this kind of behaviour, no deterrent effect, also can't very
well to protect the social order. Therefore, it is necessary to incorporate
this behavior into the criminal law and use criminal means to combat this
behavior.

The
rapid development of the Internet has not only provided people with various
conveniences, but also bred and spread various rumors. Various kinds of online
rumors can always contribute to some things, turning events that are
insignificant or even non-existent into major public events. The author
believes that the following four aspects should be grasped:

Rumor
mongers and disseminators have subjective intention and must be direct
intention. The criminal law is modest. For an act, it should not be classified
into the scope of adjustment of criminal law because of its social harmfulness,
or it should adhere to the principle of subjectivity and objectivity. Only when
there is evidence to prove that the perpetrator has subjective intention in
carrying out the act of spreading rumors and spreading rumors, can it be
included in the scope of investigation of criminal law. For those who do not
know whether the content is true or false, and post or re-post, even if the
content is later verified to be false, it cannot be deemed as online rumor
mongering. Where a fault causes spiritual or property damage to another person,
it may be settled by civil means, rather than as a crime of online rumors. In
addition, the subjective intention of Internet rumor mongers and disseminators
must be direct intention. In the process of the propagation of the uncertainty
of network influence, role ambiguity, both in posters and organizers is likely
to be difficult to control the development of events, the grasp of the crime
subjective aspect only have to be more strict, otherwise may not injure the
public opinion.

It
must be some kind of fiction that makes or spreads. The so-called fabrication
is to create false facts out of nothing. If netizens published posts or weibo
content is the fact that do exist, or another, but it does some discrepancy, or
just do generally exaggerated expression, should not be commonly identified as
Internet rumors. For Internet rumors crime, if simply concoctive fact,
fabricates terrorist information, but not in the network platform to release,
or just in your own blog or QQ space of the encrypted log to show emotion, so
cannot be identified as Internet rumors of criminal behavior.

Distinguish
between the targets of online rumors. If the Internet rumors, tale behavior is
for ordinary people, so as long as that network rumor, communicators have
subjective intent, and created and spread false facts does give the victim the
damage caused by rumors can be identified as the network crime. And if the
Internet rumors, tale behavior in view of the organs of state power or public
figures, so the public character of criminal law protection should be moderate,
on the procedural law, should prove extent up the ante, reflect the guarantee
of freedom of speech. The act of spreading rumors and spreading rumors on the
Internet has caused certain harmful results. For Internet rumor, tale, as long
as the offender is fabricated false facts do real harm to other people, society
or country, and the actor has subjective intentional, rumors can be identified
as the network crime. The reason why we should regulate Internet rumors is that
it will bring certain harmful results to others, the society and the country.
If a network rumors, although is the rumor mongers, tale deliberately, to
spread, but the hyperbole is enough to make the Internet users to realize its
false, also can not be caused by the rumor mongers is for personal or property
loss. For this kind of behavior, also do not need to be included in the scope
of criminal law adjustment to strike.

Online
rumor mongering and rumor spreading should be included in the adjustment scope
of criminal law only if they meet the above four requirements. We must always
adhere to the principle of consistent subjectivity and objectivity, noting
facts and presenting evidence for the crimes of spreading rumors and spreading
rumors on the Internet.

In
the face of increasingly fierce online rumors, the public tends to have a
"believe it or not" mentality rather than carefully identify the
authenticity of the information and forward it to their friends. If the
Internet rumors are not promptly denied and controlled, it will inevitably
cause irreparable losses. We must increase the sanctions against online rumors,
which is extremely necessary for those who seriously harm online rumors to
pursue criminal responsibility.

In
China's criminal law, there are mainly the following charges related to the
regulation of online rumors:

Libel
is a crime of fabricating and disseminating a fact which is sufficient to discredit
others and constitutes a serious act. The rumors created and spread by Internet
fabricators and disseminators must be directed against specific individuals or
persons who can be inferred to constitute the crime of libel. Internet rumor
mongers and disseminators know that they know that the online rumors they
create or spread are false facts that can damage the reputation of others, and
they know that their actions will result in damaging the reputation of others.
In addition, libel is belong to the crime of "tell to handle", so
that only victims of Internet rumors tell that on Internet rumors, tale
behavior to initiate an investigation, but cause serious damage to social order
and national interests.

Commercial
reputation, commodities reputation damage, refers to fabricate and disseminate
falsehoods, damage to the commercial reputation, commodities reputation of
others, has caused a serious loss to others, or there are other serious
circumstances. The crime of fabricating and spreading false facts is also
directed at specific companies and enterprises. , for example, the offender on
weibo post said after taking a certain company's product can lead to fetal
abnormalities, or lead to false information, such as children's IQ this behavior
has hurt the company business reputation, product reputation, so it can be
considered as damage commercial reputation, commodities reputation.

The
crime of fabricating or intentionally disseminating false terrorist
information. Fabricated, terrorist deliberately spread false information,
refers to the man-made explosion threats, biochemical threats, radiation
threats such as terrorism, information, or knowingly deliberately fabricated
the horrors of the information transmission, seriously disrupting social order.
The charge was used to severely punish ACTS intended to create social terrorist
information and disrupt social order. The establishment of this crime requires
"serious disruption of social order". If it only causes the fear of a
particular individual or unit, but does not seriously disturb the social order,
it cannot be regarded as the crime.

In
addition to the above three major crimes, the system may also include Internet
rumors, inciting subversion, inciting fission country crime, are not allowed to
disseminate the securities and futures transaction false information crime,
incite ethnic hatred, ethnic discrimination, organization, inciting violence
against law enforcement, USES superstitious sects or secret societies or evil
religious organizations, the use of a breach of the law enforcement
superstition, USES superstition deadly sin, wartime disinformation to disrupt
the morale of sin, all those involved in wartime.

The
law is lagging behind and there are loopholes. Through the analysis of appeal,
it can be seen that the current crime system of regulating online rumors in
China's criminal law is defective and needs to be improved through criminal
legislation.

First,
make up, spreading false terrorism information required behavior person
fabricating and spreading false information is a terrorist, so as long as the
object for the particular network rumors have not been as terrorist "false
information", would not be qualitative to fabricate, spreading false
terrorism information, also cannot be incorporated into the scope of the
adjustment of the criminal law. Which aimed at the specific objects of Internet
rumors if disturbing social order, also can only according to "public
security management punishment law the provisions of article 25 of the offender
sentenced to detention or a fine of administrative penalty, the criminal means
he could do nothing. Some scholars put forward, and should be extended to
fabricate, deliberately spread false information crime scope of terror, from
merely sanctions "fabricated, deliberately spread false information
on" terrorist ", to extend sanctions "fabricating, intentionally
spread" all "serious damage to the social order and national
interest" false information. So, we should consider through the criminal
law amendment, cancellation "fabricated bomb threats, life threatening,
radiation threat terrorist information such as" the limits of the
regulation, so as to expand the scope of fighting this crime.

Secondly,
the legal punishment for the crime of regulating Internet rumors in China's
criminal law is too low to be suitable for crimes. The maximum sentence for
libel is three years' imprisonment. The maximum punishment for damaging
business reputation and commodity reputation shall be two years' imprisonment.
Therefore, we can consider raising the legal penalty for these crimes. To be
specific, for the crime of libel, additional provisions may be considered:
"if the circumstances are especially serious or cause serious
consequences, the offender shall be sentenced to fixed-term imprisonment of not
less than three years but not more than seven years". And to damage the
business reputation, product reputation, first of all, the old "has caused
a serious loss to others, or there are other serious circumstances, be
sentenced to fixed-term imprisonment of not more than two years or criminal
detention, and concurrently or independently be sentenced to a fine"
changed to "has caused a serious loss to others, or there are other
serious circumstances, be sentenced to fixed-term imprisonment of not more than
three years or criminal detention, and concurrently or independently be
sentenced to a fine". Then, it is added: "whoever causes special
heavy losses to others or has other especially serious circumstances shall be
sentenced to fixed-term imprisonment of not less than three years but not more
than seven years and shall also be fined".